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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 16, 2009 8:14am
Forum: feature_films Subject: Re: Wrong film !!!!

There are loads of Universal pictures that have lapsed copyright due to non-renewal.

some examples:

My Man Godfrey 1936
The Devil's Party 1938
Prison Break 1938
Mutiny on the Blackhawk 1939
Sherlock Holmes and the Secret Weapon 1943
The Woman in Green 1945
Terror By Night 1946
Dressed To Kill 1946
Borderline 1950
Mark of the Hawk 1958
To Kill a Mockingbird 1962
Charade (released with invalid notice and not renewed) 1963

And then theres the serials like: Perils of Pauline, Ace Drummond, Flash Gordon, Phantom Creeps, Buck Rogers, etc.


This post was modified by Video-Cellar on 2009-01-16 16:14:31

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Poster: billbarstad Date: Jan 16, 2009 2:14pm
Forum: feature_films Subject: Re: Wrong film !!!!

I understand that Henry Mancini's music in 'Charade' is still under copyright, keeping the movie out of the public domain.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 16, 2009 7:57pm
Forum: feature_films Subject: Re: Wrong film !!!!

That is right. Mancini's music remains in copyright. As such the music in the film is not public domain. Many studios and copyright holder's interpret a very specific supreme court ruling (Stewart v Abend) to be a general rule which in many ways it is not. Generally if the film is used with the original music Universal could send a C&D in good faith. But that is only if the film is exploited using the original music. Some crafty companies are lifting the copyright music and adding their own licenced or PD music tracks.

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Poster: Blank Pictures Date: Jan 16, 2009 8:56am
Forum: feature_films Subject: Re: Wrong film !!!!

OK I'm sorry I was a little hasty with that statement. But, as you'll see, not many Universals are PD.
Re: To Kill a Mockingbird, the screenplay and book remain in copyright so I doubt that's PD.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 16, 2009 8:32pm
Forum: feature_films Subject: Re: Wrong film !!!!

The film wasn't renewed, so the film as a copyrightable work is public domain. Whether or not the film can be freely exploited is a matter of interpretation of Stewart v Abend which is the main case that is cited by companies that want to forget their renewal mistakes. The interpretation issue is whether that decision simply gives successors in ownership (trusts, estates, etc) the right to revoke all past agreements and have full control of past licensed copyrights at renewal date, which is does. Or whether it splits the sum of a copyrightable work into its individual parts creating a class of "substantial part" or "underlying" copyright infringement in whole works (rather than the traditional protection against partial or derivative works.)

This post was modified by Video-Cellar on 2009-01-17 04:32:12

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